ABSTRACT

The development of criminal law and procedure in Cuba is far more complex and substantial than a limited focus would reveal. Criminal justice in Cuba has not only been scrutinized by outsiders but also by Cuban jurists themselves who have actively engaged in serious study and debate for more than three decades. Perhaps one of the more controversial substantive provisions in Cuban criminal law is that entitled "Social Dangerousness," which gives the state authority to take preventive measures with respect to persons who have certain indicia of anti-social behavior. Cuban law does permit imposition of the death penalty, but only in exceptional cases and in the gravest circumstances in which it is permitted. Consistent with the reforms in criminal justice, considerable attention is being paid to the rehabilitative function of incarceration. The Cuban revolution has shown progressive reform and modernization of its criminal law and procedure.